この民事執行法の翻訳は, 平成十九年六月二十七日法律第九十五号までの改正 ( 平成 2 0 年 12 月 1 日施行 ) について, 法令用語日英標準対訳辞書 ( 平成 20 年 3 月版 ) に準拠して作成したものです なお, この法令の翻訳は公定訳ではありません 法的効力を有するのは日本語の法令自体であり, 翻訳はあくまでその理解を助けるための参考資料です この翻訳の利用に伴って発生した問題について, 一切の責任を負いかねますので, 法律上の問題に関しては, 官報に掲載された日本語の法令を参照してください This English translation of the Civil Execution Act has been prepared ( up to the revisions of Act No. 95 of 2007 ( Effective December 1, 2008)) in compliance with the Standard Bilingual Dictionary ( March 2008 edition ).This is an unofficial translation. Only the original Japanese texts of laws and regulations have legal effect, and translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations.the Government of Japan will not be responsible for the accuracy, reliability or currency of the legislative material provided on this Website, or for any consequence resulting from use of the information on this Website. For all purposes of interpreting and applying the law to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette. Civil Execution Act ( Act No. 4 of 1979) Chapter I General Provisions ( Article 1 to Article 21) Chapter II Compulsory Execution Section 1 General Provisions ( Article 22 to Article 42) Section 2 Compulsory Execution for a Claim for Payment of Money Subsection 1 Compulsory Execution against Real Property Division 1 General Rules ( Article 43 and Article 44) Division 2 Compulsory Auction ( Article 45 to Article 92) Division 3 Compulsory Administration ( Article 93 to Article 111) Subsection 2 Compulsory Execution against a Vessel ( Article 112 to Article 121) Subsection 3 Compulsory Execution against Movables ( Article 122 to Article 142) Subsection 4 Compulsory Execution against a Claim and any Other Property Right Division 1 Execution against a Claim, etc. ( Article 143 to Article 167) Division 2 Execution against a Claim Relating to an Action on Small Claim ( Article 167-2 to Article 167-14) Subsection 5 Special Provisions on Compulsory Execution for a Monetary Claim pertaining to Duty to Support, etc. ( Article 167-15 to Article 167-16) Section 3 Compulsory Execution for a Claim not Intended for Payment of Money ( Article 168 to Article 179) Chapter III Auction, etc. for Exercise of a Security Interest ( Article 180 to Article 195) -1-
Chapter IV Property Disclosure Procedure ( Article 196 to Article 203) Chapter V Penal Provisions ( Article 204 to Article 207) Chapter I General Provisions Article 1 ( Purpose) Compulsory execution, an auction for exercise of a security interest, an auction for the purpose of a realization under the provisions of the Civil Code ( Act No. 89 of 1896 ), the Commercial Code ( Act No. 48 of 1899) or any other Acts, and disclosure of property by obligors ( hereinafter collectively referred to as "civil execution" ) shall be governed by the provisions of this Act in addition to the provisions of other laws and regulations. Article 2 ( Executive Agency) Civil execution shall be carried out by a court or a court execution officer upon petition. Article 3 ( Execution Court) For civil execution carried out by a court, the execution court shall be the court that is to make a disposition of execution pursuant to the provisions of this Act, and for a disposition of execution made by a court execution officer, the execution court shall be the district court to which the court execution officer belongs. Article 4 ( Optional Oral Argument) A judicial decision by an execution court may be made without going through oral argument. Article 5 ( Interrogation) An execution court may, if it finds it to be necessary when making a disposition of execution, interrogate persons having an interest or other witnesses. Article 6 ( Ensuring the Performance of Duties by a Court Execution Officer) A court execution officer may, if he/she faces resistance when performing his/her duties, use force or request police assistance in order to eliminate such resistance; provided, however, that this shall not apply to performance of duties based on the provisions of Article 64-2( 5) ( including the cases where it is applied mutatis mutandis pursuant to Article 188 ). A person other than a court execution officer who performs duties concerning civil execution pursuant to an order by the execution court may, if he/she faces resistance when performing his/her duties, request assistance from a court -2-
execution officer. Article 7 ( Observer) When a court execution officer or a person who performs duties concerning civil execution pursuant to an order by the execution court ( hereinafter referred to as a "court execution officer, etc." ), in performing his/her duties by entering a person's residence, is unable to meet the residence owner or the residence owner's agent, or a relative, employee or any other worker living together who has reasonable discretion, he/she shall have the attendance of an official of the municipality, a police official or other person who is found to be reasonable as a witness. The same shall apply when a court execution officer uses force or receives police assistance pursuant to the provisions of paragraph of the preceding Article. Article 8 ( Execution on a Holiday or at Night) In order for a court execution officer, etc. to perform his/her duties by entering a person's residence on a Sunday or on any other general holiday or any time from seven o'clock in the evening to seven o'clock the following morning, he/she shall obtain the permission of the execution court. When executing his/her duties, a court execution officer, etc. shall present a document proving that he/she has obtained permission pursuant to the provisions of the preceding paragraph. Article 9 ( Carrying an Identification Card, etc. ) In cases of executing his/her duties, a court execution officer, etc. shall carry a document proving his/her status or qualifications and present it when so requested by any person having an interest. Article 10 ( Appeal against a Disposition of Execution) An appeal against a disposition of execution may be filed against a judicial decision relating to a civil execution procedure, only in cases where there are special provisions allowing such filings. An appeal against a disposition of execution shall be filed by submitting a petition for appeal to the court of prior instance within an unextendable period of one week from the day on which a notice of a judicial decision has been received. When the reasons for an appeal against a disposition of execution are not stated in a petition for appeal, the appellant shall submit a written statement of reasons for the appeal against a disposition of execution to the court of original instance within one week from the day on which the petition for appeal has been submitted. The reasons for an appeal against a disposition of execution shall be stated pursuant to the provisions of the Rules of the Supreme Court. -3-
( 5) When any of the following items applies, the court of original instance shall dismiss an appeal against a disposition of execution: () i When the appellant has failed to submit a written statement of reasons under the provisions of paragraph ( ii) When the statement of reasons for the appeal against a disposition of execution is apparently in violation of the provisions of the preceding paragraph ( iii) When it is apparent that the appeal against a disposition of execution is unlawful and such defect cannot be corrected ( iv) When the appeal against a disposition of execution has been filed for the purpose of unreasonably delaying a civil execution procedure ( 6) A court of appeal may, until the judicial decision on an appeal against a disposition of execution becomes effective, order a stay of execution of the judicial decision of prior instance or a stay of all or part of a civil execution procedure while requiring or not requiring provision of security or order continuation of such execution or procedure while requiring provision of security. While the record of the case still exists at the court of prior instance, the court of prior instance may order such dispositions. ( 7) An appellate court shall investigate only the reasons stated in the petition for appeal or the written statement of reasons for the appeal against a disposition of execution; provided however, that it may, by its own authority, investigate any violation of laws and regulations or the presence or absence of any error of fact that would affect the judicial decision of prior instance. ( 8) An appeal against a disposition of execution may be filed against an order under the provisions of paragraph ( 5 ). ( 9) No appeal may be entered against an order under the provisions of paragraph ( 6 ). ( 10) The provisions of Article 349 of the Code of Civil Procedure ( Act No. 109 of 1996) shall apply mutatis mutandis to cases where a judicial decision against which an appeal against a disposition of execution may be filed has become final and binding. Article 11 ( Objection to a Disposition of Execution) Against any disposition of execution by an execution court against which an appeal against a disposition of execution may not be filed, an objection to a disposition of execution may be filed with the execution court. The same shall apply to any disposition of execution by a court execution officer and any delay or negligence thereof. The provisions of the first sentence of paragraph ( 6) of the preceding Article and paragraph ( 9) of said Article shall apply mutatis mutandis to cases where there is a filing under the provisions of the preceding paragraph. -4-
Article 12 ( Appeal against a Disposition of Execution Filed against a Rescission Order, etc.) An appeal against a disposition of execution may be filed against an order to rescind a civil execution procedure. The same shall apply to a judicial decision to dismiss an objection to a disposition of execution filed against a court execution officer's disposition to rescind a civil execution procedure or to an order to the effect that a court execution officer should rescind a civil execution procedure. A judicial decision against which an appeal against a disposition of execution may be filed pursuant to the provisions of the preceding paragraph shall not be effective until it becomes final and binding. Article 13 ( Agent) A person other than one who is able to serve as counsel pursuant to the provisions of Article 54 of the Code of Civil Procedure may, with regard to procedures with an execution court excluding those relating to an action or an appeal against a disposition of execution, serve as an agent by obtaining the permission of the execution court. An execution court may rescind the permission set forth in the preceding paragraph at any time. Article 14 ( Prepayment of Expenses, etc. ) When filing a petition for civil execution with an execution court, the petitioner shall prepay the amount specified by a court clerk as the expenses necessary for the civil execution procedure. The same shall apply to cases where there is a shortfall in the prepaid expenses and the court clerk has ordered prepayment of such shortfall by specifying a reasonable period of time. Against a disposition by a court clerk under the provisions of the preceding paragraph, an objection may be filed with the execution court within an unextendable period of one week from the day on which a notice thereof has been received. A disposition by a court clerk under the provisions of paragraph shall not be effective until it becomes final and binding. When a petitioner fails to prepay expenses, an execution court may dismiss the petition for civil execution or rescind the civil execution procedure. ( 5) An appeal against a disposition of execution may be filed against an order to dismiss a petition pursuant to the provisions of the preceding paragraph. Article 15 ( Provision of Security) Security shall be provided pursuant to the provisions of this Act by making a -5-
statutory deposit of money or securities ( including book-entry transfer company bonds, etc. prescribed in Article 129 of the Act on Book-Entry Transfer of Company Bonds, etc. [ Act No. 75 of 2001]) that are found to be reasonable by the court that has ordered the provision of security ( hereinafter referred to as the "court issuing the order" in this paragraph) to an official depository within the jurisdictional district of the district court having jurisdiction over the location of the court issuing the order, or by any other method specified by the Rules of the Supreme Court; provided, however, that if the parties concerned have made a special contract, such contract shall prevail. The provisions of Article 77, Article 79 and Article 80 of the Code of Civil Procedure shall apply mutatis mutandis to the security set forth in the preceding paragraph. Article 16 ( Special Provisions on Services) A person who has filed a petition, made an offer or given notification to an execution court or has received a service of a document from an execution court with regard to a civil execution procedure shall notify the execution court of the place where the service is to be received ( limitedtoaplaceinjapan ).Inthiscase, such person may also notify the execution court of the designated service recipient. The provisions of Article 104 and and Article 107 of the Code of Civil Procedure shall apply mutatis mutandis pursuant to the cases set forth in the first sentence of the preceding paragraph. A service upon a person who has not given notification under the provisions of the first sentence of paragraph ( excluding the person prescribed in Article 104 of the Code of Civil Procedure as applied mutatis mutandis pursuant to the preceding paragraph) shall be made at such person's domicile, residence, business office or office that is indicated in the record of the case. In cases where a service is to be made under the provisions of the preceding paragraph, if it is not possible to make the service pursuant to the provisions of Article 106 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 20, a court clerk may send the document to the domicile, residence, business office or office set forth in said paragraph by registered mail or services of correspondence delivery prescribed in Article 2 of the Act on Correspondence Delivery by Private Business Operators ( Act No. 99 of 2002) that are provided by a general correspondence delivery operator prescribed in paragraph ( 6) of said Article or specified correspondence delivery operator prescribed in paragraph ( 9) of said Article, which are specified by the Rules of the Supreme Court as services equivalent to registered mail. In this case, the provisions of Article 107 and of the Code of Civil Procedure shall apply mutatis mutandis. -6-
Article 17 ( Inspection, etc. of the Record of a Case) With regard to civil execution carried out by an execution court, a person having an interest may make a request to a court clerk for the inspection or copying of the record of a case, issuance of an authenticated copy, transcript or extract of such record, or issuance of a certificate of matters concerning said case. Article 18 ( Request to a Government Agency, etc. for Assistance, etc. ) When it is necessary for civil execution, an execution court or court execution officer may make a request to a government agency or public office for assistance. In the case prescribed in the preceding paragraph, an execution court or court execution officer may make a request to the government agency or public office with jurisdiction for issuance of a necessary certificate with regard to a tax or public charges imposed on the property that is the subject matter of civil execution (when the property is land, it shall include any building built on such land, and when the property is a building, it shall include the building site ). The provisions of the preceding paragraph shall apply mutatis mutandis to cases where a person who intends to file a petition for civil execution needs the certificate set forth in said paragraph for the purpose of filing such petition. Article 19 ( Exclusive Jurisdiction) The court jurisdiction prescribed in this Act shall be exclusive jurisdiction. Article 20 ( Application Mutatis Mutandis of the Code of Civil Procedure) Except as otherwise provided for, the provisions of the Code of Civil Procedure shall apply mutatis mutandis to civil execution procedures. Article 21 ( Rules of the Supreme Court) In addition to what is provided for in this Act, necessary matters concerning civil execution procedures shall be specified by the Rules of the Supreme Court. Chapter II Compulsory Execution Section 1 General Provisions Article 22 ( Title of Obligation) Compulsory execution shall be carried out based on any of the following ( hereinafter referred to as the "title of obligation" ): () i A final and binding judgment ( ii) A judgment with a declaration of provisional execution ( iii) A judicial decision against which an appeal may be entered only by filing an -7-
appeal against ruling ( in the case of a judicial decision that is not effective until it becomes final and binding, it shall be limited to one that is already final and binding) ( iii) -2 An order of compensation of damages with a declaration of provisional execution ( iv) A demand for payment with a declaration of provisional execution ( iv) -2 A disposition by a court clerk specifying court costs or the amount of the burden of costs for settlement or a disposition by a court clerk determining the execution costs and the amount of money to be returned prescribed in Article 42 ( in the case of the latter disposition, it shall be limited to one that is already final and binding) ( v) A notarial deed prepared by a notary with regard to a claim for payment of a certain amount of money or any other fungible thing or a certain amount of securities, which contains a statement to the effect that the obligor will immediately accept compulsory execution ( hereinafter referred to as an "execution deed") ( vi) A judgment of a foreign court for which an execution judgment has become final and binding ( vi) -2 An arbitral award for which an execution order has become final and binding ( vii) A document that has the same effect as a final and binding judgment ( excluding the judicial decision set forth in item ( iii)) Article 23 ( Scope of Persons against or for Whom Compulsory Execution may be Carried Out) Compulsory execution based on a title of obligation other than an execution deed may be carried out against or for any of the following persons: () i A party concerned indicated in the title of obligation ( ii) In cases where a party concerned indicated in the title of obligation has become a party concerned on behalf of another person, such other person ( iii) A person who became the successor of either of the persons set forth in the preceding two items after the establishment of the title of obligation ( in cases of the title of obligation set forth in item () i, item ( ii) or item ( vi) of the preceding Article, the successor after the conclusion of oral argument, and in cases of the title of obligation set forth in item ( iii) -2 of said Article or the title of obligation set forth in item ( vii) of said Article which relates to an order of compensation of damages, the successor after the conclusion of the proceedings) Compulsory execution based on an execution deed may be carried out against or for a party concerned indicated in the execution deed or the successor of such party concerned after the preparation of the execution deed. -8-
Compulsory execution based on the title of obligation prescribed in paragraph may also be carried out against a person who possesses the subject matter of the claim on behalf of any of the persons listed in the items of said paragraph. Article 24 ( Execution Judgment forajudgmentofaforeigncourt) An action seeking an execution judgment for a judgment of a foreign court shall be under the jurisdiction of the district court having jurisdiction over the location of the general venue of the obligor, and when there is no such general venue, it shall be under the jurisdiction of the district court having jurisdiction over the location of the subject matter of the claim or the seizable property of the obligor. An execution judgment shall be made without investigating whether or not the judicial decision is appropriate. The action set forth in paragraph shall be dismissed without prejudice when it is not proved that the judgment of a foreign court has become final and binding or when such judgment fails to satisfy the requirements listed in the items of Article 118 of the Code of Civil Procedure. An execution judgment shall declare that compulsory execution based on the judgment by a foreign court shall be permitted. Article 25 ( Implementation of Compulsory Execution) Compulsory execution shall be implemented on the basis of an authenticated copy of the title of obligation attaching a certificate of execution; provided, however, that compulsory execution for or against an indicated party concerned based on a final and binding judgment made in an action on small claim or a judgment of an action on small claim or demand for payment with a declaration of provisional execution shall be implemented on the basis of an authenticated copy thereof. Article 26 ( Grant of a Certificate of Execution) A certificate of execution shall be granted, upon petition, by a court clerk of the court in which the record of the case exists in the case of a title of obligation other than an execution deed, and by the notary preserving the original of the execution deedinthecaseofanexecutiondeed. A certificate of execution shall be granted in cases where the obligee may effect compulsory execution against the obligor based on the title of obligation in question, by attaching a statement to that effect at the end of an authenticated copy of the title of obligation. Article 27 In cases where a claim relates to actualization of a fact to be proved by an obligee, a certificate of execution may be granted only when the obligee has -9-
produced a document proving that such fact has been actualized. A certificate of execution for which the obligee or obligor is a person other than a party concerned indicated in the title of obligation may be granted only when it is apparent to the court clerk or notary that compulsory execution may be carried out against or for such person or when the obligee has produced a document proving such fact. In cases where any of the following grounds exist with regard to the title of obligation and there are special circumstances that make it difficult to specify, prior to carrying out compulsory execution of delivery or surrender of real property based on such title of obligation, the person who possess such real property, a certificate of execution may be granted without specifying the obligor only if the obligee has produced a document proving such facts: () i The title of obligation indicates a claim for delivery or surrender of real property and, for the purpose of a suit on such claim, an order for a provisional disposition prohibiting transfer of possession ( meaning the order for a provisional disposition prohibiting transfer of possession prescribed in Article 25-2 of the Civil Preservation Act [ Act No. 91 of 1989]) has been executed, and compulsory execution of delivery or surrender may be carried out, against a person possessing such real property, based on said title of obligation pursuant to the provisions of Article 62 of said Act. ( ii) The title of obligation is an order under the provisions of the main clause of Article 83 ( including the cases where it is applied mutatis mutandis pursuant to Article 188) issued in a compulsory auction procedure ( including the procedure of an auction for exercise of a security interest; hereinafter the same shall apply in this item) ( such order shall be hereinafter referred to as a "delivery order" ), and the temporary restraining order and/or the temporary restraining order to give public notice ( meaning the temporary restraining order to give public notice prescribed in Article 55( 1 ); hereinafter the same shall apply in this paragraph) set forth in any of ( a) to ( c) below has or have been executed against the person under duty to deliver under such delivery order in said compulsory auction procedure, and compulsory execution of delivery may be carried out, against a person possessing such real property, based on said delivery order pursuant to the provisions of Article 83-2 ( including the cases where it is applied mutatis mutandis pursuant to Article 187( 5) or Article 188 ): ( a) The temporary restraining order and the temporary restraining order to give public notice set forth in Article 55( iii) ( including the cases where it is applied mutatis mutandis pursuant to Article 188) ( b) The temporary restraining order and the temporary restraining order to give public notice set forth in Article 77( iii) ( including the cases where it is applied mutatis mutandis pursuant to Article 188) -10-
() c The temporary restraining order or the temporary restraining order to give public notice set forth in Article 187 ( limited to that set forth in Article 55 ( iii)) Compulsory execution based on an authenticated copy of a title of obligation attaching the certificate of execution set forth in the preceding paragraph may only be carried out before four weeks elapse from the day on which said certificate of execution has been granted and in cases where, at the time of releasing real property from possession under said compulsory execution, the possessor can be specified. ( 5) With regard to the certificate of execution granted pursuant to the provisions of paragraph ( 3 ), when compulsory execution based on an authenticated copy of a title of obligation attaching said certificate of execution has been carried out pursuant to the provisions of the preceding paragraph, the person whose real property has been released from his/her possession by said compulsory execution shall be the obligor. Article 28 ( Re-grant of a Certificate of Execution, etc. ) A certificate of execution may be re-granted only when multiple authenticated copies of a title of obligation attaching a certificate of execution are required for receiving full performance of a claim or when such authenticated copy has been lost. The provisions of the preceding paragraph shall apply mutatis mutandis to cases of re-issuing an authenticated copy of a final and binding judgment made in an action on small claim or a judgment of an action on small claim or demand for payment with a declaration of provisional execution. Article 29 ( Service of a Title of Obligation, etc. ) Compulsory execution may be commenced only when an authenticated copy or a transcript of a title of obligation or a judicial decision that is to be a title of obligation when it becomes final and binding has been served upon the obligor in advance or simultaneously. In cases where a certificate of execution has been granted pursuant to the provisions of Article 27, transcripts of the certificate of execution and the document produced by the obligee pursuant to the provisions of said Article shall also have been served in advance or simultaneously. Article 30 ( Compulsory Execution in Cases Relating to Arrival of Fixed Due Date or Provision of Security) In cases where a claim relates to arrival of a fixed due date, compulsory execution may be commenced only after the arrival of such due date. Compulsory execution based on a title of obligation, where provision of security -11-
has been set as a condition for implementation of compulsory execution, may be commenced only when the obligee produced a document proving that he/she has provided security. Article 31 ( Compulsory Execution in Cases Relating to Default of Counter-performance or Another Performance) In cases where performance by an obligor is to be provided in exchange for counter-performance, compulsory execution may be commenced only when the obligee proved that he/she has provided the counter-performance or has made an offer thereof. When performance by an obligor is to be provided in lieu of another performance in cases where the purpose of compulsory execution is unable to be achieved with regard to such other performance, compulsory execution may be commenced only when the obligee proved that the purpose of compulsory execution was unable to be achieved with regard to such other performance. Article 32 ( Filing of an Objection Concerning Grant of a Certificate of Execution, etc.) Against a disposition concerning a petition for grant of a certificate of execution, an objection may be filed with the court to which the court clerk belongs in the case of a disposition by a court clerk, and with the district court having jurisdiction over the location of the public office of the notary in the case of a disposition by a notary. If an objection to grant of a certificate of execution has been filed, the court may, until a judicial decision on the objection is made, order a stay of compulsory execution while requiring or not requiring provision of security or order continuation of such compulsory execution while requiring provision of security. When there are pressing circumstances, the presiding judge may also order such dispositions. A judicial decision on a petition under the provisions of paragraph or a judicial decision under the provisions of the preceding paragraph may be made without going through oral argument. No appeal may be entered against a judicial decision under the provisions of the preceding paragraph. ( 5) The provisions of the preceding paragraphs shall apply mutatis mutandis to issuance of an authenticated copy of a final and binding judgment made in an action on small claim or a judgment of an action on small claim or demand for payment with a declaration of provisional execution under the provisions of Article 28( 2 ). -12-
Article 33 ( Action for Grant of a Certificate of Execution) When an obligee is unable to produce the document prescribed in Article 27 or ( 2 ), he/she may file an action for grant of a certificate of execution in order to seek grant of a certificate of execution ( excluding one granted pursuant to the provisions of paragraph of said Article ). The action set forth in the preceding paragraph shall be under the jurisdiction of the courts specified in the following items for the categories of the title of obligation listed respectively in those items: ( i) Any of the titles of obligation set forth in Article 22( i) to ( iii ), ( vi) and ( vi) -2, or the title of obligation set forth in item ( vii) of said Article excluding that set forth in the following item or item ( vi ): The court of first instance () i -2 The title of obligation set forth in Article 22( iii) -2 or the title of obligation set forth in item ( vii) of said Article which relates to an order of compensation of damages or relates to a settlement or acknowledgment of claim in a procedure concerning a case of an order of compensation of damages: The district court before which the case of an order of compensation of damages was pending ( ii) The title of obligation set forth in Article 22( iv) excluding that set forth in the following item: The summary court to which the court clerk who has issued the demand for payment with a declaration of provisional execution belongs ( or, if the claim relating to the demand for payment with a declaration of provisional execution is not under the jurisdiction of the summary court, the district court having jurisdiction over the location of the summary court) ( iii) The title of obligation set forth in Article 22( iv) based on a petition for a demand for payment filed under the provisions of the main clause of Article 132-10 of the Code of Civil Procedure or a petition for a demand for payment filed by means of a document prepared in the form prescribed in Article 402 of said Act: The court with which an action is deemed to have been filed pursuant to the provisions of Article 398 of said Act ( including the cases where it is applied mutatis mutandis pursuant to Article 402 of said Act) with regard to such petition for a demand for payment ( iv) The title of obligation set forth in Article 22( iv) -2: The court to which the court clerk who has made the disposition set forth in said item belongs ( v) The title of obligation set forth in Article 22( v ): The court having jurisdiction over the location of the general venue of the obligor ( or, when there is no such general venue, the court having jurisdiction over the location of the subject matter of the claim or the seizable property of the obligor) ( vi) The title of obligation set forth in Article 22( vii) which relates to a settlement or a mediation ( excluding a settlement or a mediation concluded at an upper instance court) or to labor tribunal judgment ( excluding that set forth in item () i -2): The summary court, district court or family court where the -13-
settlement or the mediation was concluded ( or, if the claim relating to the settlement or the mediation concluded at a summary court is not under the jurisdiction of the summary court, the district court having jurisdiction over the location of the summary court) or the district court before which the labor tribunal case was pending when the labor tribunal judgment was made Article 34 ( Action to Oppose a Grant of a Certificate of Execution) In cases where a certificate of execution has been granted pursuant to the provisions of Article 27, an obligor who opposes that a fact to be proved by an obligee has actualized or that it is possible to carry out compulsory execution against or for a person other than a party concerned indicated in the title of obligation may file an action to oppose a grant of a certificate of execution in order to seek non-permission of compulsory execution based on an authenticated copy of the title of obligation attaching such certificate of execution. When there are several grounds for opposition, an obligor shall allege such grounds simultaneously. The provisions of paragraph of the preceding Article shall apply mutatis mutandis to the action set forth in paragraph ( 1 ). Article 35 ( Action to Oppose Execution) An obligor who opposes the presence or contents of the claim pertaining to a title of obligation ( excluding a title of obligation set forth in Article 22( ii ), ( iii) -2 or ( iv) which has yet to become final and binding; hereinafter the same shall apply in this paragraph) may file an action to oppose execution in order to seek non-permission of compulsory execution based on such title of obligation. The same shall apply to an obligor who opposes establishment of a title of obligation other than a judicial decision. Grounds for opposition to a final and binding judgment shall be limited to those that arose after the conclusion of oral argument. The provisions of Article 33 and paragraph of the preceding Article shall apply mutatis mutandis to the action set forth in paragraph ( 1 ). Article 36 ( Judicial Decision to Stay Execution pertaining to an Action to Oppose a Grant of a Certificate of Execution, etc.) In cases where an action to oppose a grant of a certificate of execution or an action to oppose execution has been filed, if the circumstances alleged for opposition appear to be legally well-grounded and a prima facie showing is made on factual matters, the court in charge of the case may, upon petition, order a stay of compulsory execution while requiring or not requiring provision of security until the judicial decision set forth in paragraph of the following Article is made in -14-
the final judgment, or, in addition to such order, order continuation of compulsory execution while requiring provision of security or order revocation of a disposition of execution already made while requiring provision of security. When there are pressing circumstances, the presiding judge may also order such dispositions. A judicial decision on the petition set forth in the preceding paragraph may be made without going through oral argument. In cases where the grounds prescribed in paragraph exist, if there are pressing circumstances, the execution court may, upon petition, order the dispositions prescribed in said paragraph, while specifying a period for submitting an authenticated copy of a judicial decision under the provisions of said paragraph. Thisjudicialdecisionmayalsobemadeprior to the filing of an action to oppose a grant of a certificate of execution or an action to oppose execution. When the period specified pursuant to the provisions of the preceding paragraph has expired or when a judicial decision under the provisions of paragraph has been submitted to the execution court or court execution officer within such period, the judicial decision set forth in the preceding paragraph shall cease to be effective. ( 5) No appeal may be entered against a judicial decision on the petition set forth in paragraph or paragraph ( 3 ). Article 37 ( Judicial Decision to Stay Execution in the Final Judgment, etc. ) The court in charge of the case may, in the final judgment on an action to oppose a grant of a certificate of execution or an action to oppose execution, order the dispositions prescribed in paragraph of the preceding Article or revoke, change or approve a judicial decision under the provisions of said paragraph that has already been made. The court shall make a declaration of provisional execution for this judicial decision. No appeal may be entered against a judicial decision under the provisions of the preceding paragraph. Article 38 ( Third Party Action against Execution) A third party who has ownership of the subject matter of compulsory execution or any other right that obstructs assignment or delivery of the subject matter may file, against the obligee, a third party action against execution in order to seek non-permission of such compulsory execution. The third party prescribed in the preceding paragraph may file an action against the obligor with regard to the subject matter of compulsory execution, in consolidation with the action set forth in said paragraph. The action set forth in paragraph shall be under the jurisdiction of the execution court. The provisions of the preceding two paragraphs shall apply mutatis mutandis -15-
pursuant to a judicial decision to stay execution pertaining to the action set forth in paragraph ( 1 ). Article 39 ( Stay of Compulsory Execution) Compulsory execution shall be stayed if any of the following documents has been submitted: () i An enforceable authenticated copy of a judicial decision containing a statement to the effect that a title of obligation ( excluding an execution deed) or a declaration of provisional execution shall be revoked or a statement to the effect that compulsory execution shall not be permitted ( ii) An authenticated copy of a final and binding judgment declaring invalidity of a settlement, acknowledgment, mediation or labor tribunal judgment pertaining to a title of obligation ( iii) An authenticated copy of a record or any other document prepared by a court clerk which proves that any of the titles of obligation set forth in Article 22( ii) to ( iv) -2 has ceased to be effective due to withdrawal of the action or any other grounds ( iv) An authenticated copy of a record of a judicial settlement or mediation containing a statement to the effect that compulsory execution shall not be carried out or that a petition for such compulsory execution shall be withdrawn, or an authenticated copy of a judgment document of a labor tribunal judgment that has the same effect as a judicial settlement pursuant to the provisions of Article 21 of the Labor Tribunal Act ( Act No. 45 of 2004) or an authenticated copy of the record set forth in Article 20( 7) of said Act ( v) A document proving that security for avoiding compulsory execution has been provided ( vi) An authenticated copy of a judicial decision containing a statement to the effect that a stay of compulsory execution and revocation of a disposition of execution shall be ordered ( vii) An authenticated copy of a judicial decision containing a statement to the effect that a temporary stay of compulsory execution shall be ordered ( viii) A document containing a statement to the effect that an obligee received performance or consented to granting grace of performance after establishment of a title of obligation A stay of compulsory execution based on submission of a document set forth in item ( viii) of the preceding paragraph which contains a statement to the effect that an obligee received performance shall be limited to a period of four weeks. A stay of compulsory execution based on submission of a document set forth in paragraph ( viii) which contains a statement to the effect that an obligee consented to granting grace of performance may only be effected twice and the -16-
total period shall not exceed six months. Article 40 ( Revocation of a Disposition of Execution) When any of the documents set forth in paragraph ( i) to ( vi) of the preceding Article has been submitted, the execution court or court execution officer shall revoke even a disposition of execution that has already been made. The provisions of Article 12 shall not apply in the case of revoking a disposition of execution pursuant to the provisions of the preceding paragraph. Article 41 ( Continuation of Compulsory Execution in Cases where the Obligor Has Died) Compulsory execution may be continued even in cases where the obligor died after its commencement. In the cases set forth in the preceding paragraph, if existence of an heir of the obligor or the whereabouts of such person is unknown, the execution court may, upon petition, appoint a special agent for the inherited property or heir. The provisions of Article 35 and of the Code of Civil Procedure shall apply mutatis mutandis to the special agent setforthintheprecedingparagraph. Article 42 ( Burdening of Execution Costs) The costs of compulsory execution that are necessary ( hereinafter referred to as "execution costs" ) shall be borne by the obligor. In cases of compulsory execution for a claim for payment of money, the execution costs may be collected simultaneously in the course of the execution procedure without requiring a title of obligation. When a judicial decision revoking a title of obligation ( excluding an execution deed) on which compulsory execution is based, or a judgment declaring invalidity of a settlement, acknowledgment, mediation or labor tribunal judgment pertaining to a title of obligation has become final and binding, the obligee shall return, to the obligor, money equivalent to the execution costs that have been paid to the obligee. The portion of the execution costs to be borne by an obligor pursuant to the provisions of paragraph other than what has been collected pursuant to the provisions of paragraph and the amount of money to be returned by an obligee pursuant to the provisions of the preceding paragraph shall be specified, upon petition, by a court clerk of the execution court. ( 5) Against a disposition by a court clerk on the petition set forth in the preceding paragraph, an objection may be filed with the execution court within an unextendable period of one week from the day on which a notice thereof has been received. ( 6) The execution court shall, in cases where it finds that a filing of an objection to a -17-
disposition by a court clerk under the provisions of paragraph is well-grounded, and it should determine the execution costs and the amount of money to be returned prescribed in said paragraph, determine such amount itself. ( 7) An appeal against a disposition of execution may be filed against an order issued with regard to the objection under the provisions of paragraph ( 5 ). ( 8) A disposition by a court clerk under the provisions of paragraph shall not be effective until it becomes final and binding. ( 9) The provisions of Article 74 of the Code of Civil Procedure shall apply mutatis mutandis to a disposition by a court clerk under the provisions of paragraph ( 4 ). In this case, the provisions of paragraph ( 5 ), paragraph ( 7 ), the preceding paragraph and Article 74 shall apply mutatis mutandis. Section 2 Compulsory Execution for a Claim for Payment of Money Subsection 1 Compulsory Execution against Real Property Division 1 General Rules Article 43 ( Method of Execution against Real Property) Compulsory execution against real property ( excluding any fixtures on land that are not registrable; hereinafter the same shall apply in this Section) ( such compulsory execution shall hereinafter be referred to as "execution against real property" ) shall be carried out by the method of a compulsory auction or compulsory administration. These methods may be used jointly. With regard to compulsory execution for a claim for payment of money, co-ownership interests in real property, registered superficies and farming rights and co-ownership interests in such rights shall be deemed to be real property. Article 44 ( Execution Court) The district court having jurisdiction over the relevant location ( or, for what is regarded to be real property pursuant to the provisions of paragraph of the preceding Article, the place where it is to be registered) shall have jurisdiction over execution against real property as the execution court. In cases where a building exists over multiple jurisdictional districts of district courts, either or any of the district courts having jurisdiction over the location of the land on which such building exists shall have jurisdiction over compulsory execution against such building as the execution court, and the district court having jurisdiction over the location of the relevant land or the district court that has received a petition for compulsory execution against the building shall have jurisdiction over compulsory execution against the land on which such building -18-
exists as the execution court. In the cases set forth in the preceding paragraph, the execution court may, when it finds it to be necessary, transfer the case to another court with jurisdiction. No appeal may be entered against an order under the provisions of the preceding paragraph. Division 2 Compulsory Auction Article 45 ( Commencement Order, etc. ) An execution court shall, in order to commence a compulsory auction procedure, issue a commencement order for a compulsory auction, and, in such commencement order, declare that real property shall be seized for the obligee. The commencement order set forth in the preceding paragraph shall be served upon the obligor. An appeal against a disposition of execution may be filed against a judicial decision to dismiss a petition for compulsory auction. Article 46 ( Effects of a Seizure) A seizure shall become effective when a commencement order for a compulsory auction was served upon the obligor; provided, however, that if the seizure was registered prior to the service of the commencement order, the seizure shall become effective at the time of the registration. A seizure shall not preclude the obligor from using or making profits from the real property in an ordinary way. Article 47 ( Overlapped Commencement Order) When a petition for a compulsory auction was filed for real property for which a commencement order for a compulsory auction or an auction for exercise of a security interest ( hereinafter referred to as an "auction" in this Section) has been issued, the execution court shall issue another commencement order for a compulsory auction. When a petition for a compulsory auction or an auction pertaining to an earlier commencement order has been withdrawn or when the procedure of a compulsory auction or an auction pertaining to an earlier commencement order has been rescinded, the execution court shall continue the procedure based on a later commencement order for a compulsory auction. In the cases set forth in the preceding paragraph, if a later commencement order for a compulsory auction pertains to a petition filed after the time limit for a demand for liquidating distribution, the court clerk shall set a new time limit for a demand for liquidating distribution. In this case, it is not required to give a notice -19-
under the provisions of Article 49 to any person who has already filed a proof as set forth in Article 50 ( including the cases where it is applied mutatis mutandis pursuant to Article 188 ). Against a disposition by a court clerk under the provisions of the preceding paragraph, an objection may be filed with the execution court. ( 5) The provisions of the first sentence of Article 10( 6) and Article 10( 9) shall apply mutatis mutandis to cases where an objection under the provisions of the preceding paragraph has been filed. ( 6) When the procedure of a compulsory auction or an auction pertaining to an earlier commencement order has been stayed, the execution court may, upon petition, make a judicial decision to continue the procedure based on a later commencement order for a compulsory auction ( limited to one pertaining to a petition filed no later than the time limit for a demand for liquidating distribution) ; provided, however, that this shall not apply if rescission of the procedure of a compulsory auction or an auction pertaining to the earlier commencement order shall cause a change to the matter set forth in Article 62( ii ). ( 7) An appeal against a disposition of execution may be filed against an order to dismiss the petition set forth in the preceding paragraph. Article 48 ( Commission of Registration of a Seizure, etc. ) When a commencement order for a compulsory auction has been issued, a court clerk shall immediately commission registration of the seizure pertaining to such commencement order. A registrar shall, when having made registration of a seizure based on a commission under the provisions of the preceding paragraph, send a certificate of the registered matters to the execution court. Article 49 ( Public Notice of a Commencement Order and the Time Limit for a Demand for Liquidating Distribution, etc.) In cases where a seizure pertaining to a commencement order for a compulsory auction has become effective ( excluding cases where another commencement order for a compulsory auction or an auction has been issued prior to said commencement order ), a court clerk shall set the time limit for a demand for liquidating distribution by taking into consideration the period required for the procedure for preparation of the description of property. A court clerk shall, when having set the time limit for a demand for liquidating distribution, give public notice of the fact that a commencement order has been issued and the time limit for a demand for liquidating distribution, and give a notice to the following persons or entities that they are to notify the execution court of the presence or absence of claims ( including interests and any other -20-